Working abroad and effect on Spousal visa

[mego_1980]

Hi guys it’s me again with another question.

I have a British passport, our baby daughter has one as well and my wife has spouse visa for 2 years. We all living in the UK at the moment.
I am thinking to move abroad soon but I am not sure what will happen for my wife visa.
Can I work abroad and then my wife join me later on but we don’t want to invalidate her visa so she could apply for ILR after 2 years.
Your help would be greatly appreciated.

Thanks

mego

[vinny]

They may refuse her ILR (289), if you are not living in the UK.

[mego_1980]

Thanks Vinny for your replay,

I found this in one of the links you enclosed previousley

Time spent outside the UK
The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

So as long as we still married this should be fine I think!! Any advice..

[Casa]

The paragraphs you've posted refer to the absence of the spouse who is subject to immigration control...in your case this would be your wife. It doesn't appear from your post that you intend your wife to join you while you're working abroad. In which case, as one of the conditions of her 2 year spouse visa is that you live together in the UK during this time and submit documented evidence of joint address, her application for ILR may well be refused.

[pennylessinindia]

The paragraphs you've posted refer to the absence of the spouse who is subject to immigration control...in your case this would be your wife. It doesn't appear from your post that you intend your wife to join you while you're working abroad. In which case, as one of the conditions of her 2 year spouse visa is that you live together in the UK during this time and submit documented evidence of joint address, her application for ILR may well be refused.

I would also think that you have not shown that you meet that Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

[mego_1980]

Thanks for your replay,
That's mean I will have to be in the UK during the 2 years.
So if we live abroad for more than 4 years my wife will be able to get her ILR easily is it right?
How many days she could stay out of the UK in order not to invalidate her 2 years spouse visa?

Thanks

mego

[vinny]

So if we live abroad for more than 4 years my wife will be able to get her ILR easily is it right?

Subject to change.

[mego_1980]

Thanks Vinny for your replay.
So , How many days my wife could stay out of the UK in order not to invalidate her 2 years spouse visa?
Thanks

mego

[vinny]

There's no specified limit. She just has to satisfy 288.

[joseki]

So if we live abroad for more than 4 years my wife will be able to get her ILR easily is it right?

Hello all. I have a question of similarity to this post dated back 2012, not sure if any rules have changed since.

My wife has a spouse visa and has been living with me obviously in the UK. Due to my employment, I might be offered a career move abroad to the Middle-East.

If my wife follows me due to my work, and that I am not going there to become a resident, purely on a work visa, will this affect her spouse visa status. We intend to move back to Britain but I could end up a British expat for several years.

What would be the impact on her application for FLR (which I presume is the natural route), and in eventually getting permanent residency so that there will be no problems moving back here?

[MPH80]

If you leave the UK for the majority of the year you cease to be considered resident in the UK.

As a result - you both will not be living in the UK and you cannot extend her spouse visa. Even if it is just her who is resident here - without you with her - she cannot extend.

When you decide to return to the UK - you'll be able to apply under whatever rules are in place at the time and her 'time to ILR' clock will reset at that point (if her previous visa expired).

[joseki]

Thank you MPH80.

Is there an alternative route whereby my wife and I intend to be permanently together inside and outside the UK? I am not sure if this is part of current immigration rules which seem to accept grounds if:

281 __(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and__(b)(ii) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL

My wife holds a Master Degree from a recognised UK institution, and will potentially follow me abroad if expatriate opportunities become available... barring that it would not affect her future settlement case when we eventually return.

[Casa]

The 4 year concession shown in the paragraph you have posted was withdrawn in 2012 and if no longer an option.

[joseki]

Thank you Casa, it seems on these grounds that I should not leave the UK in spite of attractive work opportunities abroad.

[Casa]

I think you're right.

[MPH80]

Depends on your priorities.

If the priority is ILR and citizenship - stay where you are. If it's not a big priority - consider the work opportunities.

Myself and my wife agreed the citizenship was a priority and turned down some overseas opportunities ... we felt it was more important to replace her south american passport with one she could travel Europe with.

[joseki]

We are genuine about spending our life here in the Uk, and yet we are also trying to ensure sufficient affluence for the expenses of living/retiring in Britain. Both are priorities but the rules infer I should deal with securing her residency first.

We are both highly cosmopolitan, having lived in 3-4 different countries each.. I see the benefit of getting it done now to give future flexibility, rather than postpone the inevitable.

[Knotwise]

Hi,

I'm currently on a Spouse visa that will expire Oct 2016 and am living in Tokyo with my husband who is British and is working here as an expat. His project will be coming to a close at the end of this year and he has been given notice that the company would like for him to continue on the project but in a middle east location with a very good financial package.

I'm a qualified healthcare professional but unable to work in the Middle East. I would like to return to the UK to get back to work. We own a property but intend to keep renting it out and instead look for a flat in London to live in. My husband will be able to return to the UK every 6 weeks for 1 week if he transfers to the Middle East after this Tokyo stint at the end of this year. Would this arrangement meet the 'living together' requirements for an FLR(M) extension if we both rented a place with both our names on it and he came back every 6 weeks? Also, He will do no more than 2 years in the middle east and can quit as early as 6 months after transferring there.

If that does not work, should I apply for a Tier 2 visa at the end of my current spouse visa and then reapply for another spouse visa once my husband is back in the UK?

I would be grateful for any advice! Thank you.